THE PRESIDENT HAD SUFFICIENT FACTUAL BASIS FOR THE ISSUANCE OF
B. THE MAGNITUDE AND SCOPE OF THE ATTACKS PERPETRATED BY THE
ISIS-INSPIRED LOCAL REBEL GROUPS NECESSITATE THE PROCLAMATION OF MARTIAL LAW AND SUSPENSION OF THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS TO ENSURE PUBLIC SAFETY.
139. Section 18, Article VII of the Constitution provides that in the exercise of the power to suspend the privilege of the writ of habeas corpus or to impose martial law, public safety must require such suspension or proclamation.
140. The term “public safety” escapes exact definition but the Supreme Court in Lansang v. Garcia98 stated that
“[t]he magnitude of the rebellion has a bearing on the second condition essential to the validity of the suspension of the privilege.”
94 R.A. No. 6975, Section 61.
95 Ibid. at Sec. 63.
96 Ibid. at Sec. 4.
97 1987 Constitution, Article VII, Sec. 17.
98 G.R. No. L-33964, December 11, 1971.
141. In the present case, the AFP intelligence reports, which inevitably served as basis for Proclamation No. 216, sufficiently laid out the magnitude and scope of the rebellion that necessitated the proclamation of martial law and suspension of the privilege of the writ of habeas corpus to ensure the safety of the public.
142. The sheer number of innocent civilians affected in the Marawi siege demanded the President’s swift and decisive action. On 23 May 2017, ISIS-inspired local rebel groups murdered innocent civilians. At least 1,453 civilians were rescued by government troops acting under orders of the President pursuant to Proclamation No. 216.
143. The incident caused displacement of persons and families from their homes in Marawi City as they were forced to evacuate and escape from the firefight between the government and the rebels. As pointed out in the Cullamat Petition, thousands of families have been displaced and are occupying evacuation centers.
144. Aside from the effects of the attacks on the civilian population, the strong combat capability, and seemingly limitless firepower and other resources that ISIS-inspired rebels have displayed in their attacks show that the interest of public safety required the issuance of Proclamation No.
216.
145. On 23 May 2017 alone, about 500 rebels marched along the main streets of Marawi and swiftly occupied strategic positions throughout the city. The ISIS-inspired local rebel groups were equipped with RPGs and ammunition for high-powered assault rifles. Between 23 May 2017 and 1 June 2017, thirty-eight (38) government troops were killed in action.99
146. Even prior to the siege of Marawi, the ISIS-inspired local rebel groups had already launched a series of attacks in other parts of Mindanao indicating a concerted action and community of interest between and among these rebels. To
99 See Powerpoint presentation, Annex “7”.
recall, Davao City was rocked with a fatal bombing incident in a populous night market that resulted in the death of fifteen (15) civilians and caused injuries to seventy (70) others.
Military intelligence reports indicate the ASG as the perpetrator of this deadly bombing. The incident led to the declaration of a state of national emergency. Through Proclamation No. 55, President Duterte called out the armed forces to prevent or suppress this lawless violence in Mindanao.
147. Still, the calling out of the armed forces in the whole of Mindanao proved ineffective to suppress the violence. The ISIS-inspired terror groups continued to wreak havoc in Mindanao—kidnapping and bombing incidents, murder, and attacks against government operatives happened in Basilan, Maguindanao, Tawi-Tawi, and Sulu, among others, in the period between November 2016 and April 2017.100
148. The occupation of Marawi through the establishment of roadblocks around the city, and the destruction of schools, hospitals and churches, further require the proclamation of martial law. Through Proclamation No.
216, President Duterte has tapped the armed forces to deliver basic services to the people of Marawi, a function that the civilian government cannot, as of the moment, perform.
149. The importance of the suspension of the privilege of the writ of habeas corpus cannot likewise be overemphasized. It is a useful tool to effect the unimpeded capture of rebels within Marawi, and to quickly sever their connection with rebel groups outside the city’s borders.
150. Foregoing premises considered, it is undeniable that public safety requires the issuance of Proclamation No.
216.
CONCLUSION
One hundred nineteen years ago, our heroes fought hard for the democracy we enjoy today. In our midst is a real and
100 See AFP Intelligence Report entitled “Significant Atrocities in Mindanao Prior to the Marawi City Incident”, Annex “5”.
present danger that threatens our lives and much-cherished liberties. In response to this danger, President Duterte issued Proclamation No. 216.
Proclamation No. 216 enjoys the presumption of constitutionality, and the Petitioners miserably failed to ascribe grave abuse of discretion in its issuance. Quite the contrary, the Proclamation is amply supported by facts that a rebellion does exist, and the public safety requires it.
The filing of this Consolidated Comment defending the constitutionality of Proclamation No. 216 on the anniversary of our independence is perhaps no coincidence. It is a rallying call for every Filipino to unite behind one true flag and defend it against all threats from within and outside our shores.
Respondents invite this Honorable Court to uphold President Duterte’s timely and decisive action, and be his partner in protecting and defending the country’s sovereignty and territorial integrity.
PRAYER
WHEREFORE, premises considered, Respondents respectfully pray of this Honorable Court to:
1) DENY DUE COURSE to the Consolidated Petitions, and
2) DISMISS the Consolidated Petitions for fatal procedural defects and/or utter lack of merit.
Other just and equitable reliefs under the premises are likewise prayed for.
Makati City for Manila, 12 June 2017.